Sofia Vergara's ex-fiancé Nick Loeb loses his final appeal in years-long battle over frozen embryos

Sofia Vergara’s ex Nick Loeb lost his final appeal in Los Angeles to gain custody of two embryos that were frozen seven years ago when the couple was still engaged. 

On Tuesday, a judge granted Vergara a Permanent Injunction preventing the 45-year-old businessman from using the embryos to create ‘a child without the explicit written permission,’ per court documents obtained by People.

For years, Loeb has continued to file multiple lawsuits in California and Louisiana to be able to take control of their embryos and implant them in a surrogate.  

Years-long court battle: Sofia Vergara's ex Nick Loeb lost his final appeal in Los Angeles to gain custody of two embryos that were frozen seven years ago when the couple was still engaged; seen in 2014

Years-long court battle: Sofia Vergara’s ex Nick Loeb lost his final appeal in Los Angeles to gain custody of two embryos that were frozen seven years ago when the couple was still engaged; seen in 2014

‘The judge was clearly influenced by Hollywood, which is a pattern I expose in my upcoming film Roe v. Wade on April 2nd,’ Loeb said in a statement, obtained by the outlet. ‘It’s sad that Sofia, a devout Catholic, would intentionally create babies just to kill them.’ 

Last month, Los Angeles County Superior Court judge granted a permanent injunction stating that Loeb could not use the embryos without her consent.  

In a ruling dated January 27, the appeals court ruled that Loeb’s lawsuit, which it declared as ‘abhorrent’, should be thrown out because it made a ‘mockery’ of Louisiana’s legal system. 

The appeals court also ruled that all documents related to the case should be unsealed. 

A relief: On Monday, a judge ruled that the 45-year-old businessman cannot use the embryos or sue on behalf of them without Vergara's consent, according to a filing obtained by Fox News (seen in 2021)

A relief: On Monday, a judge ruled that the 45-year-old businessman cannot use the embryos or sue on behalf of them without Vergara’s consent, according to a filing obtained by Fox News (seen in 2021)

The legal saga dates back to 2015 when Loeb first filed a lawsuit against Vergara in a bid to bring to term two female embryos that they had created and planned to use with a surrogate.

The pair had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013 that stated neither could use them without each other’s consent.

Legal proceedings initially began in California, but were later dismissed.

Loeb later moved the case to Louisiana because officials there consider embryos to be human beings. In California, which is where the embryos were frozen, they are referred to as products.

Winning her case: Last month, Los Angeles County Superior Court judge granted a permanent injunction stating that Loeb could not use the embryos without her consent; pictured this week

Winning her case: Last month, Los Angeles County Superior Court judge granted a permanent injunction stating that Loeb could not use the embryos without her consent; pictured this week

As part of the Louisiana lawsuit, Vergara was sued by her two frozen embryos. In the unusual lawsuit, the embryos were given the names Emma and Isabella and listed as plaintiffs.

‘Emma and Isabella seek that they be entrusted to their natural father Loeb, who is willing and desirous that they be born,’ the lawsuit said.

In throwing out the case last week, the appeals court ruled that Loeb did not in fact live in Louisiana and accused him and his legal team of making a ‘mockery’ of the state’s legal system.

The court found that Loeb ‘is not domiciled in, does not maintain a residence in, and does not have the intent to be domiciled or a resident of any parish in the State of Louisiana.’

The ruling also accused Loeb’s legal team of ‘blatantly engaging in forum shopping’ to find a court they hoped would be sympathetic to their case.

Happier: Vergara, who has an adult son, Manolo, from a previous relationship, has been married to Joe Manganiello since in November 2015

Happier: Vergara, who has an adult son, Manolo, from a previous relationship, has been married to Joe Manganiello since in November 2015

‘Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent,’ the ruling stated.

The former couple called off their engagement in 2014, after dating for four years.

Vergara, who has an adult son, Manolo, from a previous relationship, has been happily married to Joe Manganiello for the past six years.  

source: dailymail.co.uk